Ordered that the order is affirmed, with costs.
On January 21, 1999 the plaintiff allegedly was injured when a vehicle he was driving collided with a vehicle driven by the defendant. On January 17, 2002 he commenced an action against the defendant by filing a summons and complaint and purchasing an index number. However, the summons and complaint were never served. On April 15, 2006 the plaintiff commenced the instant action seeking identical relief. The defendant...
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